摘要:本文是一篇留学生法律判决作业,通过争端解决来达到正义,有效地实现正义是建立法治的基本条件之一。在过去,获得司法保护的权利基本上几乎完全意味着愤愤不平的个人正式提出诉讼或索赔辩护的权利,这是在严格的法律条款中规定的。
chanism for settlement of cases outside the court to mitigate the sufferings of the people and reduce the number of pending cases.
The Bangladesh Parliament also passed a law under the title ‘The Conciliation of Disputes (Municipal Areas) Board Act 2004’ to make sure that disputants will have opportunity of resolving their disputes, differences and conflicts with the help of their municipal representatives without going to the formal courts.
In June 2005, to comply with the Article 77 [30] of the Constitution of the People’s Republic of Bangladesh, the
Finance Minister of the Government of Bangladesh, in his budget speech for the year 2005-2006 announced the decision to establish the office of the Tax Ombudsman in Bangladesh. Ombudsman is also a system of ADR, and the Tax Ombudsman will investigate citizens (taxpayers) complaints against government services.
In August 2005, to help materialize the Arbitration Act 2001, the ‘Bangladesh Council of Arbitration (BCA)’ formulated new Rules of Arbitration under the auspices of the FBCCI, and set up a modern and efficient Arbitration Centre. The then Chairperson of the Bangladesh Council of Arbitration hoped that BCA would serve the best possible interest of both the national and international business community in settling their commercial disputes.
To make ADR effective and popular in Bangladesh, it is important to install an efficient justice delivery system free from corruption, infliction of injustice and unreasonable interruption. An awareness scheme must initiated for the disputants, lawyers, and members of the judiciary, which may be undertaken by the LJCBP, BCA, NGOs, professional bodies, and legal skills training institutions. [31]
Experience suggests that ADR programs can have a positive impact on each of these development objectives, although the extent of the impact is very much dependent on other conditions within the country and the fit of the design and implementation of the program with the development objectives.
When evaluations of ADR systems have included an assessment of overall user satisfaction, the ADR systems have generally compared favourably to formal legal structures. In Sri Lanka, for example, satisfaction with the Mediation Board system is quite high. In addition to the accessibility of the system, and the low cost, disputants indicate that the way they are treated, the disputants' control of the process, and the community-based nature of the system are all factors leading to high satisfaction. Satisfaction is also reflecting in the settlement and compliance rates. Nearly 65% of all mediated cases are settled, and compliance rates, while not accurately measured, are reporting to be quite high. The chairperson of one Mediation Board indicated that compliance with debtor dispute settlements, which constitute a large proportion of the cases, is nearly 95%. [32]
Likewise, in Bangladesh, almost all users are indicating, that they prefer mediation to the formal court system and would use the mediation process again. In South Africa, users of commercial labour-management mediation and arbitration cite the positive impact of ADR, relative to litigation, on ongoing labour-management relations. In addition, throughout Southeast Asia, disputants cite a general cultural preference for informal dispute resolution because of its ability to help reconcile and preserve persona
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